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HomeMy WebLinkAboutItem 6.2 Scarlett Ct GPA Vacate~~°~ ~~ 19I ~~ ,82 ``~~~~ ~~~~~s STAFF REPORT CITY C L E R K DUBLIN CITY COUNCIL File # ^©©~-®© DATE: April 20, 2010 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJECT: PUBLIC HEARING - PA 2009-00042 General Plan Amendment and Amendment to the Zoning Map of the westernmost and easternmost portions of the vacated right-of-way of Scarlett Court. Prepared By: Erica Fraser, Senior Planner EXECUTIVE SUMMARY: A General Plan Amendment is proposed to designate the westernmost and easternmost portions of the vacated right-of-way of Scarlett Court as Business Park/Industrial and Outdoor Storage in the General Plan. Additionally, the City Council will consider an amendment to the Zoning Map to establish the Light Industrial (M-1) Zoning District as the zoning designation for these areas. FINANCIAL IMPACT: None. RECOMMENDATION: Staff recommends that the City Council: 1) Receive Staff presentation; 2) Receive comments from the public; 3) Adopt Resolution amending the General Plan to designate the westernmost and easternmost portions of the vacated right-of-way of Scarlett Court as Business Park/Industrial and Outdoor Storage PA 09-042; and 4) Waive the reading and introduce an Ordinance zoning the westernmost and easternmost portions of the vacated right-of-way of Scarlett Court as Light Industrial (M-1) PA 09-042. Submit e Community evelopment Director Reviewed By: Assistant City Manager Page 1 of 5 ITEM NO. CQ ~ 2 DESCRIPTION: Background On October 6, 2009, the City Council adopted Resolutions 138-09 and 143-09 directing the Planning Commission to report to the City Council on whether or not the proposed vacation of the westernmost and easternmost portions of Scarlett Court and the potential sale of the westernmost portion would be consistent with the General Plan (as shown in Figures 1 and 2). On October 13, 2009, the Planning Commission adopted Resolution 09-036 which declared that the proposed vacation and potential sale were consistent with the General Plan. Figure 1: Westernmost Portion of Scarlett Court that was Vacated Figure 2: Easternmost Portion of Scarlett Court that was Vacated ,- ~ ` rrn_ Ci ' ~ n ~ a ~ '~ ~ a_- _-~~ ~ ~ ~ BART `~ ~ . City Corp ~- ` W ~~ Yard ~;. < I: ~" ~rc~ m ~ ° z{ a`LL n ¢ ~ I-580 Page 2 of 5 On November 17, 2009, the City Council adopted Resolution 165-09 vacating the westernmost portion of Scarlett Court and Resolution 166-09 vacating the easternmost portion of Scarlett Court. The portions of Scarlett Court that were vacated by the City Council are shown in blue on the maps above. On December 15, 2009, the City Council approved Resolution 190-09 authorizing Staff to study a General Plan Amendment to designate the easternmost and westernmost portions of the vacated right-of-way of Scarlett Court in the General Plan. On January 12, 2010, the Planning Commission approved Resolution 10-02 recommending that the City Council adopt a Resolution approving a General Plan Amendment designating the westernmost and easternmost portions of the vacated right-of-way of Scarlett Court as Business Park/Industrial and Outdoor Storage and Resolution 10-03 recommending that the City Council adopt an Ordinance Zoning these areas as Light Industrial. ANALYSIS: The following is a discussion of the proposed General Plan Amendment and Zoning Map Amendment for the westernmost and easternmost portions of the vacated right-of-way of Scarlett Court. General Plan Amendment The recently-vacated westernmost and easternmost portions of the right-of-way of Scarlett Court do not currently have land use designations in the General Plan because they were roadways. The properties surrounding the vacated portions of the right-of-way of Scarlett Court are currently designated as Business Park/Industrial and Outdoor Storage as shown on the figures below. Figure 3: Existing General Plan Land Use Designations near the Westernmost Portion of Scarlett Court Page 3 of 5 Figure 4: Existing General Plan Land Use Designations near the Easternmost Portion of Scarlett Court Staff is recommending that the vacated portions of the right-of-way of Scarlett Court be designated as Business Park/Industrial and Outdoor Storage in the General Plan so that these areas will be consistent with the surrounding land use designations. The proposed Resolution (Attachment 1) would amend the General Plan. Zoning Map Amendment The westernmost and easternmost portions of Scarlett Court do not have a Zoning Designation because they were a part of the roadway system. The Scarlett Court area has two Zoning Designations, with the Light Industrial (M-1) Zoning District being the most common Zoning Designation in the area, as shown on the figures below. Figure 5: Existing Zoning Designations in Scarlett Court !- Planned Development ~_~~~ '`~,~ #~ '.~' General Gamrnercial' general m'` ~"' General Commercial {{ General Commercial t ~ t Light Light Indu Industrial al ` "`„ ;~~-, ~, Commercial DUBLifU Bl_ Light -`+u As shown on the above map, the vacated portions of the right-of-way on Scarlett Court are surrounded by properties which are zoned Light Industrial. Staff recommends that the vacated Vacated Right-of--Way Planned C+evelapment 'Planned dev Page 4 of 5 portions of Scarlett Court be zoned Light Industrial consistent with the surrounding Designations. The proposed Ordinance (Attachment 2) would provide that zoning. CONCLUSION: By designating the westernmost and easternmost portions of Scarlett Court as Business Park/Industrial and Outdoor Storage, these portions will be compatible with the General Plan Land Use Designation of the surrounding properties. By Zoning these portions of Scarlett Court as Light Industrial (M-1) on the Zoning Map, these areas will be compatible with the existing Zoning Designations of the surrounding properties. This will allow for the orderly development of these sites, in the future, with projects that are compatible with the surrounding area. NOTICING REQUIREMENTS/PUBLIC OUTREACH: An expanded noticing area was used to notify the public of tonight's meeting. Staff mailed a notice to all property owners within the Scarlett Court Area and to all property owners and tenants within 300 feet of this area. The Public Notice was also published in the Valley Times and posted at several locations throughout the City. In accordance with SB 18, Staff sent a notice of the General Plan amendment to the three Native American tribes who are required to be notified by the City of an upcoming General Plan Amendment. Staff has not received any comments from these tribes regarding the proposed amendment. ENVIRONMENTAL REVIEW: The California Environmental Quality Act (CEQA), together with the State Guidelines and City environmental regulations require that certain projects be reviewed for environmental impacts and when applicable, environmental documents prepared. Staff is recommending that the Project be found Categorically Exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15332, In-Fill Development, because the westernmost portion of Scarlett Court is .97 acres in size and the easternmost portion of Scarlett Court is 1.12 acres. Additionally, the area surrounding the vacated right-of-way of Scarlett Court is currently developed with a road and related improvements and is surrounded on all sides by development. ATTACHMENT: 1. Resolution Amending the General Plan to designate the westernmost and easternmost portions of the vacated right-of- way of Scarlett Court as Business Park/Industrial and Outdoor Storage PA 09-042. 2. Ordinance Zoning the westernmost and easternmost portions of the vacated right-of-way of Scarlett Court as Light Industrial (M- 1) PA 09-042. G:\PA#\2009\PA 09-042 Scarlett Ct GPA\CC 4-20-10\CCSR 4.20. IO.doc Page 5 of 5 ~ ~bW RESOLUTION NO. XX - 10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING THE GENERAL PLAN TO DESIGNATE THE WESTERNMOST AND EASTERNMOST PORTIONS OF THE VACATED RIGHT-OF-WAY OF SCARLETT COURT AS BUSINESS PARK/INDUSTRIAL AND OUTDOOR STORAGE PA 09-042 WHEREAS, the City Council adopted Resolution 165-09 vacating the westernmost portion of the right-of-way of Scarlett Court and Resolution 166-09 vacating the easternmost portion of the right-of-way of Scarlett Court; and WHEREAS, the vacated portion of the right-of-way is a roadway and therefore does not have a land use designation in the General Plan; and WHEREAS, the City proposes to designate the vacated right-of-way of Scarlett Court as Business Park/Industrial and Outdoor Storage; and WHEREAS, the Dublin General Plan was originally adopted on February 11, 1985, and has been amended a number of times since that date; and WHEREAS, the General Plan currently identifies land use designations, densities and policies related to density calculations, and includes a General Plan Land Use Map (Figure 1- 1 a) that shows the location of land uses within the City of Dublin; and WHEREAS, the California Environmental Quality Act (CEQA), together with State guidelines and City environmental regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, pursuant to the California Environmental Quality Act, the City Council has found the Project to be Categorically Exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15332, In-Fill Development because the site is currently developed and is less than five acres in size; and WHEREAS, the Planning Commission held a properly noticed public hearing on the General Plan Amendment on January 12, 1010, at which time interested parties had the opportunity to be heard; and WHEREAS, on January 12, 2010 the Planning Commission adopted Resolution 10-2 incorporated herein by reference, recommending that the City Council approve the General Plan Amendment; and WHEREAS, a Staff Report dated April 20, 2010 was submitted to the City Council recommending that the City Council approve the General Plan Amendment and Zoning of the subject area; and WHEREAS, on April 20, 2010, the City Council held a properly noticed public hearing on the General Plan Amendment and Zoning action, at which time all interested parties had the opportunity to be heard; and ~~rr~ (,,a 4: ZD • ro ATTACHMENT 1 a~6 WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this resolution. BE IT FURTHER RESOLVED that the Dublin City Council does hereby find that the proposed amendments to the Dublin General Plan are in the public interest and will not have an adverse effect on health or safety or be detrimental to the public welfare or be injurious to property or public improvement and that the Dublin General Plan as so amended will remain internally consistent. BE IT FURTHER RESOLVED that the Dublin City Council does hereby approve the following amendments to the Dublin General Plan: Section I. General Plan Amendments. Subsection i. Figure 1-1a, General Plan Land Use Map is hereby replaced with a revised General Plan Land Use Map as follows: i~sf»++o.wnm Raginrurfare ~ commauayrsau~;a1 ~ General <om,erua Q Arty noYCwa..nm - wa4pke wu4Gebana,wmrlme - Open Space ~. Ngroarauoa COrnmaclal Spefm Campor -Genera Cpmmerc~liCl~pw Ollke ~ t wmcsanaa omou Gma - f11l11C; YmLPmlic ~ a'dlmlll hrK ~ Y"1P1°~ - ®,9ness hm,ewuA5a1 ~~sMa nra.-namaam oumar swage p m....,.., r.,~ ~4j ~.ve.•eaese~.. we.•,..,...~ ~ Man uv < M.sWmrWna.rnM wsw.nmia~a won aae ~yQplpy ~'~ Fasam EatenCM Permaq NN b~nmry N/ai 4eseanea{/Ilgncuam l~unk,rr lqq GmsswYbnui besl fnmry Poamnq Mageunmry 1'L~: iC ~~s. Emre wuaenyai p.o es/+cl '~Wesem Fxunaea Mnmq.W BnwNry .L.L_~` :C:L'-.. lou`Ue^L)'q"9'e famNlgs-l.eayaq Gry a Gueia ® ur~rn ~ _ low.mMwaana.i,G.q..gw,rey Ow~sw.,. w~_ -- .~~ .- _~ 9nphfinfy w9EenY1109-ip OWiq [~SpRre IXInlluenn ~~r~ ~~.~ `~w- MeaamomsMwsamulw.' !pmyaq TriVapcyJUrs6aions G-. ••,'°• :I ~' ~MnwrrywgnDnagwfeenmil H.l.25A O.;'s1 ~.,..'ayasu.~mion `-'~ ":~.,: ey ~ : -ftigROmcM ReYtlemk11251. tlwbcl Dayor Ykasamm~ ~W"^"~' O aryasai panm ~-~T- ~'C• • .~. -.-..,„. . C . :~~~~ Section II. All provisions of the General Plan not amended by this resolution shall remain in full force and effect. 2 u,~ D U B L I N G E N E R A L P L A N Figure 1-la) ~d ,~\;?~ LAN D USE M A P as amended through January, 2010 3r6G BE IT FURTHER RESOLVED that this Resolution shall take effect thirty (30) days after the date of adoption. PASSED, APPROVED AND ADOPTED this 20th day of April, 2010 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:IPA#120091PA 09-042 Scarlett Ct GPAIPC 1-12-101CC Reso GPA Exhibit A.doc 4~ 6 ORDINANCE NO. XX - 10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ZONING THE WESTERNMOST AND EASTERNMOST PORTIONS OF THE VACATED RIGHT-OF-WAY OF SCARLETT COURT AS LIGHT INDUSTRIAL (M-1) PA 09-042 THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: Section 1. RECITALS A. This Ordinance establishes the Light Industrial (M-1) Zoning District for the westernmost and easternmost portions of the vacated right-of-way of Scarlett Court. Section 2. FINDINGS AND DETERMINATIONS A. Pursuant to Sections 8.120.050.A and 8.120.050.6 of the Dublin Municipal Code, the City Council finds as follows: The establishment of the Light Industrial (M-1) Zoning District for the vacated right-of- way of Scarlett Court is harmonious and compatible with existing development and potential development in the surrounding area because: 1) the zoning action will establish a zoning district of Light Industrial (M-1) which is consistent with the established zoning of the properties in the surrounding area; and 2) by zoning the property Light Industrial, the vacated right-of-way would be allowed to be developed in the future with project(s) that are compatible with the existing development in the surrounding area. 2. The vacated portions of the right-of--way of Scarlett Court are physically suitable for the type and intensity of the Light Industrial (M-1) Zoning District because: 1) development of the sites is anticipated to occur in the future, but is not a part of this application at this time; 2) the vacated right-of-way of Scarlett Court is currently developed with a public road and is surrounded by Light Industrial development and the existing BART Station and parking lot; 3) the sites are suitable for the future development of a light industrial use because the right-of-way is currently surrounded by existing development and light industrial uses; and 4) the sites are currently developed and are relatively flat, and is therefore physically suitable for the type and intensity of the proposed Light Industrial (M-1) Zoning District. 3. The proposed amendment will not adversely affect the health or safety of persons residing or working in the vicinity or be detrimental to the public health, safety and welfare because: future development will be required to conform to the performance standards and all zoning regulations applicable to the Light Industrial (M-1) Zoning District. Page 1 of 3 ATTACHMENT 2 S~ 6 4. The zoning designation is consistent with the Dublin General Plan because: as amended, the Business Park/Industrial and Outdoor Storage land use designation of the sites is compatible with the Light Industrial Zoning District. C. Pursuant to the California Environmental Quality Act (CEQA), on April 20, 2010, the City Council found that the zoning action is Categorically Exempt from CEQA pursuant to Section 15332, In-Fill Development. D. On April 20, 2010, the City Council adopted Resolution No. -10 approving the companion General Plan Amendment for the Project, which resolution is incorporated herein by reference. Section 3. ZONING MAP AMENDMENT. A. Pursuant to Chapters 8.12 and 8.120, Title 8 of the City of Dublin Municipal Code, the Dublin Zoning Map is amended to zone the following area as Light Industrial (M-1) Zoning District: The westernmost portion of the vacated right-of-way of Scarlett Court (.97 acres). A map of the rezoning area is shown below: Westernmost portion of the right-of-way B. Pursuant to Chapters 8.12 and 8.120, Title 8 of the City of Dublin Municipal Code, the Dublin Zoning Map is amended to zone the following area as Light Industrial (M-1) Zoning District: The easternmost portion of the vacated right-of-way of Scarlett Court (1.12 acres). Page 2 of 3 ~~ .. ~' 6g6 A map of the rezoning area is shown below: N m ~, a~= W n W~ \ ~ ~ p u J~ pia mN ~p 1~ \ • v ti ./- Q '~3M ^ d -Y ~ Z \ uJ O s ; ~( -J d I \ ~ \ \ ~ ~ U n i z ~ b' ~ ~~ W < ~ ~•a ?~p n W ~ , ~ \\ < W ¢ a CU1 0 o a `~, d Jz /Id ~ d ~ "b ~ ~ /~ ~/ Lf'fA2 3.44.41.68 N ~ .w.. dA~ \ 1lY10~ 3lUtl~S ` - - - . r~ 9 ~ ~ -.., ~ ,~sssz-~ .~.oe~.~-- __ = Easternmost portion 3~ of the right-of-way OBS 31tl1Slfl1N a ~, Section 3. The use, development, improvement, and maintenance of the Project area shall be governed by the provisions of the Light Industrial (M-1) Zoning District of the Dublin Zoning Ordinance. Section 4. EFFECTIVE DATE AND POSTING OF ORDINANCE This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause the Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED BY the City Council of the City of Dublin, on this the 20th day of April 2010 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk G:IPA#120091PA 09-042 Scarlett Ct GPAICC 4-20-101CC Ordinance for Zoning.DOC Page 3 of 3